Barry Bonds’ lawyers argue his obstruction of justice conviction today

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Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:

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As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Mets activate Travis d’Arnaud, place Tommy Milone on disabled list

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The Mets announced on Wednesday that catcher Travis d'Arnaud has been activated from the 10-day disabled list and pitcher Tommy Milone has been placed on the 10-day DL.

d’Arnaud, 28, was placed on the DL on May 5 (retroactive to May 3) with a bone bruise on his right wrist. The Mets’ backstop appeared to have suffered the injury in mid-April when he accidentally hit his hand on the bat of the opposing hitter when he was making a throw. d’Arnaud resumes with a .203/.288/.475 triple-slash line with four home runs and 16 RBI in 66 plate appearances.

Milone, 30, made three mostly forgettable starts for the Mets, yielding 15 runs (14 earned) on 19 hits and seven walks with 12 strikeouts in 12 innings. Newsday’s Marc Carig says that, with Milone out, either Rafael Montero or Josh Smoker will start on Saturday with Smoker being more likely to get the nod.

Report: John Farrell may be on the hot seat

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The Red Sox, who won the AL East last season with a 93-69 record, have under-performed so far this season, entering Wednesday’s action with just two more wins than losses at 23-21. The club hasn’t had a winning streak of more than two games since April 15-18. As a result, manager John Farrell may be on the hot seat, Ken Rosenthal of FOX Sports reported on Tuesday.

Beyond the mediocre record, Rosenthal cites two incidents that happened this season that caused Farrell’s stock to drop. The first was the brouhaha with the Orioles when Manny Machado slid into Dustin Pedroia at second base, causing Pedroia to suffer an injury. When reliever Matt Barnes intentionally threw a fastball at Machado, Pedroia was seen telling Machado, “It wasn’t me. It’s them.” The word “them,” of course, would ostensibly be referring to Barnes and Farrell.

The second incident happened last week when pitcher Drew Pomeranz challenged Farrell in the dugout after being removed with a pitch count of 97. Rosenthal suggests that some of Farrell’s players aren’t on the same page as the skipper.

Rosenthal also mentions that Farrell didn’t have the entire backing of the Red Sox clubhouse in 2013, when the club won the World Series. So the issues this year may not be unique; they may be part of a larger trend.

The biggest impediment in making a managerial change for the Red Sox is having a good candidate. After letting Torey Lovullo leave after last season to manage the Diamondbacks, the team’s two most likely interim candidates would be bench coach Gary DiSarcina and third base coach Brian Butterfield. DiSarcina has one year of managing experience above Single-A (Triple-A Pawtucket in 2013). Butterfield hasn’t managed in 15 years.